KUALA LUMPUR – The high court here has ordered Datuk Seri Najib Razak to respond to a suit filed by SRC International Sdn Bhd against the former prime minister relating to alleged breach of trust and breach of statutory duty involving SRC funds totalling RM42 million by October 11.
According to a lawyer from Rosli Dahlan Saravana Partnership representing SRC, the court has also ordered the plaintiff (SRC) to file a response to the defence by December 13.
"The court has set further case management on December 14 that will be conducted online (e-Review),” he told reporters after the case management proceedings today that were conducted online in the presence of senior assistant registrar Noordura Mohamed Din.
SRC, a subsidiary of 1Malaysia Development Bhd (1MDB) and Gandingan Mentari Sdn Bhd (GMSB), a wholly owned SRC subsidiary, filed a writ of summons on May 7, alleging that Najib conducted breach of trust, misused his power and benefited personally from SRC funds and misappropriated the funds.
Najib was SRC Emeritus Advisor from May 1, 2012 till March 4, 2019.
SRC, which is now wholly owned by the Minister of Finance (Incorporated), alleged that through a letter of appointment dated September 3, 2015, SRC appointed Ihsan Perdana Sdn Bhd (IPSB) (previously known as Gem Horizon Sdn Bhd) as a social corporate responsibility (CSR) programme partner.
It alleges that, between December 2014 and April 2015, SRC withdrew RM123 million in funds and deposited it into a bank account of IPSB for CSR purposes and a grant was given to IPSB without the approval of the board of directors of both SRC and GMSB.
The plaintiff claimed that IPSB transferred the funds received under the grant to various third parties for IPSB, including RM42 million that was transferred to two accounts owned by Najib allegedly for CSR purposes between December 2014 and February 2015.
SRC also alleged that Najib, in his capacity as prime minister, finance minister and SRC emeritus adviser, had acted in a dishonest manner to help former SRC and GMSB directors violate various statutory duties and commit breach of trust, when failing to check with AmIslamic Bank about the amount of misappropriated funds that were deposited into Najib’s bank accounts.
Therefore, the plaintiff is seeking a declaration that the plaintiff has a right to follow and trace the RM42 million and to demand equity ownership to the funds or any property obtained by Najib with the use of the money in addition to general, exemplary and aggravated damages. – Bernama, September 2, 2021
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